Last update: 26th of January, 2023
Thank you for visiting the CEX-ETRADE.COM site (the “Site” or “Platform”). These Unified Terms of Use (hereinafter, the “Terms of Use” or the “Terms”) constitute an electronic agreement that applies to your use of this Site, any and all services, products, and content between you (hereinafter the “User/you”) and a specific company of CEX-ETRADE.COM Group of companies (hereinafter-“Cex-etrade.com ”) mentioned below, depending on User’s residence, place of registration and/or nationality.
CEX-ETRADE.COM Group of companies includes:
1. CEX-ETRADE.COM Limited (GIB) registered at Madison Building, Midtown, Queensway, Gibraltar, GX11 1AA that is licensed by the Gibraltar Financial Services Commission as a DLT Provider under the license number: FSC1345B. CEX-ETRADE.COM Limited provides its services worldwide for non-corporate and corporate Users except countries provided below and unless otherwise provided in these Terms of Use.
2. CEX-ETRADE.COM EU Limited (Ireland), a private limited company with company No.706254 and having its principal place of business at 22 Northumberland Road, Ballsbridge, Dublin 4, Ireland. CEX-ETRADE.COM EU Limited provides its card processing services only to customers from the European Economic Area (EEA).
3. CEX-ETRADE.COM Overseas LTD (BVI), a private limited company established and existing under the laws of British Virgin Islands, company No.: 2046189, with its registered office address Craigmuir Chambers, Road Town, Tortola, VG 1110, British Virgin Islands provides services for Users from the following countries:
Aaland Islands, Albania, Algeria, American Samoa, Andorra, Angola, Anguilla, Antarctica, Antigua and Barbuda, Argentina, Armenia, Aruba, Australia, Austria, Azerbaijan, the Bahamas, Bahrain, Bangladesh, Barbados, Belgium, Belize, Benin, Bermuda, Bhutan, Bolivia, Bonaire, Bosnia and Herzegovina, Botswana, Bouvet Island, Brazil, British Indian Ocean Territory, British Virgin Islands, Brunei, Bulgaria, Burkina Faso, Burundi, Cambodia, Cameroon, Canada, Cape Verde, Cayman Islands, the Central African Republic, Chad, Chile, China, Christmas Island, Cocos (Keeling) Islands, Colombia, Comoros, Congo (the), the Democratic Republic of the Congo, Cook Islands, Costa Rica, Côte d'Ivoire, Croatia, Curacao, Cyprus, Czech Republic (the), Denmark, Djibouti, Dominica, Dominican Republic, Ecuador, Egypt, El Salvador, Eritrea, Estonia, Eswatini, Ethiopia, Equatorial Guinea, Falkland Islands (Islas Malvinas), Faroe Islands, Fiji, Finland, France, French Guiana, French Polynesia, French Southern and Antarctic Lands, Gabon, Gambia, Georgia, Germany, Ghana, Greece, Greenland, Grenada, Guadeloupe, Guatemala, Guernsey, Guinea, Guyana, Heard Island and McDonald Islands, Honduras, Hong Kong, Hungary, Iceland, India, Indonesia, Ireland, Isle of Man, Israel, Italy, Jamaica, Jersey, Jordan, Kazakhstan, Kenya, Kiribati, South Korea, Kosovo, Kyrgyzstan, Kuwait, Laos, Latvia, Lesotho, Liberia, Liechtenstein, Lithuania, Luxembourg, Macao, North Macedonia, Madagascar, Malawi, Malaysia, Maldives, Malta, Marshall Islands, Martinique, Mauritania, Mauritius, Mayotte, Mexico, Federated States of Micronesia, Moldova, Monaco, Mongolia, Montenegro, Montserrat, Morocco, Mozambique, Namibia, Nauru, Nepal, New Caledonia, New Zealand, Netherlands, Netherlands Antilles, Niger, Nigeria, Niue, Norfolk Island, Northern Mariana Islands, Norway, Oman, Pakistan, Palau, Palestine, Panama, Papua New Guinea, Paraguay, Peru, Philippines, Pitcairn Islands, Poland, Portugal, Qatar, Réunion, Romania, Rwanda, Saint Barthélemy, Saint Helena, Saint Kitts and Nevis, Saint Lucia, Saint Maarten, Saint Martin, Saint Pierre and Miquelon, Saint Vincent and Gren, Samoa, San Marino, São Tomé and Príncipe, Saudi Arabia, Senegal, Serbia, Seychelles, Sierra Leone, Slovakia, Slovenia, Solomon Islands, South Africa, South Georgia and the South Sandwich Islands,Spain, Sri Lanka ,Suriname, Svalbard and Jan Mayen, Sweden, Switzerland, Taiwan, Tajikistan, Tanzania, Timor-Leste, Thailand, Togo, Tokelau, Tonga, Trinidad and Tobago, Tunisia, Turkey, Turkmenistan, Turks and Caicos Islands, Tuvalu, Uganda, Ukraine, United Arab Emirates, United Kingdom of Great Britain and Northern Ireland (the), United States Minor Outlying Islands (the), Uruguay, Uzbekistan, Vanuatu, Vatican City State, Vietnam, Wallis and Futuna, Western Sahara, Zambia, Zimbabwe.
4. CEX-ETRADE.COM Corp (USA) with its principal address at 900 E. Diehl Road, Suite 110, Naperville, Illinois 60563 provides its services on the Platform only to Users in the United States of America (hereinafter “US”) Users from supported States.
In reviewing these Terms you will see that some text is colored in black. These are the general provisions that are applicable for all Users from all jurisdictions.
You will also see some text is colored in green. These clauses set out the detail of terms and conditions for Users from supported US states, which are served by the company CEX-ETRADE.COM Corp.
All clauses colored in blue relate to services provided to you only by the company CEX-ETRADE.COM Limited (GIB) and CEX-ETRADE.COM Overseas LTD (BVI).
All clauses colored in red relate to services provided to you only by the company CEX-ETRADE.COM Overseas LTD (BVI).
By visiting or accessing the Site, you (i) agree that you have read and accepted all of the terms and conditions contained in the herein Terms of Use, as amended from time to time (the “Terms”) (ii) you acknowledge and agree that you will be bound by such Terms , and (iii) you acknowledge that you have read and understood the latest version of our Privacy Policy. By clicking the ”register” button or by visiting the Site, the applicable company provides you with access and utility through our digital asset trading platform via software, mobile application, API (application program interface), technologies, products and/or functionalities (collectively or individually, the “Service(s)”).
If you do not agree to be bound by these Terms, do not access or use the Service(s). CEX-ETRADE.COM reserves the right to change or modify the terms and conditions contained in these Terms, including but not limited to any policy or guideline of the Platform, at any time and at its sole discretion. As described in these Terms, you agree to be legally bound by these terms and all terms incorporated by reference. We will provide notice of these changes by posting the revised Terms on the Site and changing the ”Last updated” date at the top of the Terms, or by emailing Users at their provided email addresses, or by any other means as determined by the contracting company at its sole discretion, and the updated Terms will be effective at such time. If you do not agree with any such modification, your sole and exclusive remedy is to terminate your use of the Service(s) and close your account. You agree that we will not be liable to you or any third party as a result of any losses suffered by any modification or amendment of these Terms. Your non-termination or continued use of this Site or Service(s) after the effective date of any changes or modifications of these Terms will constitute your acceptance of such changes or modifications.
You authorize your wireless carrier to use or disclose information about your account and your wireless device, if available, to CEX-ETRADE.COM or its service provider for the duration of your business relationship, solely to help them identify you or your wireless device and to prevent fraud. See our Privacy Policy for how we treat your data.
These Terms and any terms expressly incorporated herein apply to your access to, and use of, any Service(s) provided by CEX-ETRADE.COM. These Terms do not alter in any way the terms or conditions of any other agreement you may have with CEX-ETRADE.COM for products, services or otherwise. We encourage you to frequently review the Terms to ensure you understand the terms and conditions that apply to your access to, and use of, the Service(s). If you have any questions regarding the use of the Service(s).
The User is solely responsible for understanding and complying with any and all laws, rules, and regulations of his/her specific jurisdiction that may be applicable to the User in connection with the use of any and all services, products, and content of CEX-ETRADE.COM. Services on the Platform are provided by the respective CEX-ETRADE.COM Group Company in accordance with local laws, depending on the User's residency, as described above.
Please be advised, the value of cryptocurrency may increase or decrease significantly. There may be substantial risk involved when buying, selling, trading, and/or holding cryptocurrencies. Please carefully consider whether engaging in this activity is suitable for you. If so, please use the Platform responsibly.
Cryptocurrency services provided to our users are NOT; (i) within scope of the jurisdiction of the United Kingdom Financial Ombudsman Service, or (ii) subject to protection under the United Kingdom Financial Services Compensation Scheme, or (iii) within scope of the jurisdiction of, or subject to protection under, either of the schemes referred to in paragraph (i) or (ii).
Users of CEX-ETRADE.COM Overseas LTD are hereby notified that acceptance of these Terms of Use and subsequent use of the Services constitutes a binding legal agreement. The CEX-ETRADE.COM Overseas LTD Services are not currently subject to regulation by the BVI Financial Services Commission Authority. Therefore, your Account is not protected by this authority in the event of a claim.
IF THE USER DOES NOT ACCEPT THESE TERMS OF USE, THE USER SHALL NOT ACCESS THIS SITE AND SHALL NOT USE ANY OF CEX-ETRADE.COM SERVICES, PRODUCTS, AND CONTENT.
1. DEFINITIONS
1. Capitalized terms used in these Terms of Use shall be interpreted in accordance with the definitions provided below:
1.1.1. Account: means an account registered by the User on the Platform.
1.1.2. Base Currency: means the first symbol in the trading pair.
1.1.3. Buyer: means the User who submits an Order to buy Cryptocurrencies through the Platform.
1.1.4. Commission: means a fee charged by or on behalf of any third party (e.g. bank, non-bank financial institution, payment service provider, etc.).
1.1.5. Cryptocurrency: means a peer-to-peer decentralized digital representation of value (e.g. bitcoins, ethers, etc.).
1.1.6. Deposit: means a Transaction involving the transfer of Funds to the Account.
1.1.7. Fiat currency: means government-issued currency, that is designated as legal tender in its country of issuance through government decree, regulation, or the law.
1.1.8. Funds: means Cryptocurrency and/or Fiat currency.
1.1.9. Maintenance fee: means a fee charged by CEX-ETRADE.COM for storing balances in Fiat currency and/or in Cryptocurrency in Accounts that are inactive or dormant (see Article 16 below).
1.1.10. Order: means the User’s instruction to buy or sell Cryptocurrency.
1.1.11. Personal Information (personal data): means any information which identifies you personally or which may help us to identify you (e.g. your name, address, e-mail address, trades, etc.).
1.1.12. Platform: means an environment created by CEX-ETRADE.COM that allows to trade of Cryptocurrencies.
1.1.13. Seller: means the User who submits an Order to sell Cryptocurrencies through the Platform.
1.1.14. Services: means all and any service provided by CEX-ETRADE.COM.
1.1.15. Service charge: means a fee charged by CEX-ETRADE.COM for the provision of compulsory security measures of using certain payment instruments which fraught with a high level of fraudulent actions.
1.1.16. Site: means CEX-ETRADE.COM website at CEX-ETRADE.COM.
1.1.17. Storage: means storing balances of Cryptocurrencies that are no longer supported by CEX-ETRADE.COM.
1.1.18. Token: means digital asset commonly created by platforms that build on top of those blockchains. For instance, while ethereum is the cryptocurrency native to the ethereum blockchain, there are many other different tokens that also utilize the Ethereum blockchain.
1.1.19. Transaction fee: means a fee that is payable to CEX-ETRADE.COM for each completed Transaction.
1.1.20. Transaction Price: means the total price paid by the Buyer in respect to each Transaction performed via the Service.
1.1.21. Transaction: means (i) transfer of Cryptocurrencies or Fiat currencies by the User to his/her Account (“Deposit Transaction”); (ii) transfer of Cryptocurrencies or Fiat currencies among the Users (“Trading Transaction”), (iii) withdrawal of Cryptocurrencies or Fiat currencies from his/her Account (“Withdrawal Transaction”).
1.1.22. Transaction details: means for Cryptocurrency transaction: details of the transaction, including, but not limited to recipient's address (for BTC, LTC, OMG, BCH, DASH, MHC, BTG, ZEC, BSV, TRX, ETH, GUSD, BTT Transactions), Memo (for XLM Transactions), Destination Tag (for XRP Transactions); for Fiat transaction: requisites including, but not limited to payment details, beneficiary details, and beneficiary bank details.
1.1.23. User/You: means a person or an entity that uses the Services, agrees to follow the Terms of Use, and is a holder of an Account.
1.1.24. Withdrawal: means a Transaction involving a transfer of Funds from the User’s Account to his/her bank account or to an account opened in any other financial institution.
1.2. Where the context so admits words denoting the singular shall include the plural and vice versa.
1.3. The masculine or feminine gender may be used interchangeably throughout this Terms of Use. Wherever one gender is used it shall be construed as meaning the other.
2. THE SCOPE OF THE SERVICES
2.1. The Services allow all Users of the Platform to trade Cryptocurrencies with other Users.
2.2. Depending on the User’s place of residence, the User may not be able to use all the functions of the Site. It is the User’s responsibility to follow those rules and laws in his place of residence and/or place from which the User accesses this Site.
2.3. The User acknowledges and agrees that, when completing a Transaction, he is trading with another User, and that CEX-ETRADE.COM acts only as an intermediary in such Transaction, not as the counterparty to any such trade.
3. THE USER’S RIGHTS AND RESPONSIBILITIES
3.1. The User has the right to enter and use the Site and use the Services, as long as such User agrees and to and complies with the Terms of Use. By using the Site, the User agrees to accept and comply with the terms and conditions stated herein.
3.2. The User undertakes to read the entire Terms of Use carefully before using the Site or any of the services provided by CEX-ETRADE.COM.
3.3. The User undertakes to comply with any and all applicable laws and regulations related to the use of the Services.
3.4. The User undertakes to monitor all and any changes on his Account, including but not limited to any changes to balances.
3.5. The User undertakes to immediately (i.e. immediately after the moment of discovery) inform CEX-ETRADE.COM about any unusual, suspicious, unclear, or abnormal changes on his Account. Any delay in informing CEX-ETRADE.COM of such changes, the User will be liable for the breach of the Terms of Use and CEX-ETRADE.COM will have the right to take any further steps accordingly, including but not limited to report to the relevant state or national authorities.
3.6. The User agrees that, whenever the Transaction is made, the Platform sends and receives the monetary sums and/or Cryptocurrencies to/from the Buyer’s and the Seller’s Accounts opened in their name and on their behalf.
3.7. The User undertakes to notify CEX-ETRADE.COM immediately of any unauthorized use of his/her Account or password, or any other breach of security by live chat on the Site. Any User who violates the rules contained herein may be terminated, and thereafter held liable for any losses incurred by CEX-ETRADE.COM or any user of the Site.
3.8. The User undertakes not to use the Service to perform criminal activity of any sort, including but not limited to, money laundering, illegal gambling operations, financing terrorist organizations, or malicious hacking.
3.9. The User is responsible for any and all damages caused, and all liability actions brought against CEX-ETRADE.COM for infringement of any third-party rights or violation of any applicable laws.
3.10. Nothing in the Terms of Use excludes or limits the liability of the User for fraud, death or personal injury caused by their negligence, breach of the terms implied by operation of law or any other liability which may not be limited or excluded by law.
3.11. Users are solely responsible for determining whether any contemplated Transaction is appropriate for them based on their personal goals, financial status, and risk tolerance.
3.12. All added payment instruments to your Account, may it be a bank account, credit card, debit card, or others must be named after the Account holder. Any attempt otherwise will be considered fraud.
3.13. Users are prohibited from engaging in any kind of market manipulation or taking any actions which specifically include, without limitation: front-running, wash trading, spoofing, layering, churning, and quote stuffing. For general understanding market manipulation actions are actions were taken by any User or a person acting in concert with a User which is intended to (i) deceive or mislead other Users; (ii) artificially control or manipulate the price or trading volume of Funds; (iii) aid, abet, enable, finance, support or endorse either of the above. This may include actions on the CEX-ETRADE.COM Platform and/or outside of the CEX-ETRADE.COM Platform. Actions regarded by CEX-ETRADE.COM as market manipulation will result in blocking the User's account on the Platform with the right to use blocked Funds for reimbursement of negative consequences that appeared due to mentioned manipulation at the sole discretion of CEX-ETRADE.COM.
4. THE USER’S REPRESENTATIONS AND WARRANTIES
4.1. By registering an Account, the User expressly represents and warrants that he/she:
4.2. The User represents and warrants that he/she will only use the Platform to perform Transactions in accordance with the conditions set forth in these Terms of Use and that the User is duly authorized and has the capacity to enter into the Transactions on the Platform.
4.3. The User represents and warrants that both Fiat currency and cryptocurrency deposited to the Account belong to the User and are derived from legal sources.
4.4. The User represents and warrants that he/she will withdraw any cryptocurrency from his/her Account only to his/her wallets, which precludes the use of CEX-ETRADE.COM for payments to third parties. CEX-ETRADE.COM shall incur no liability for payments made to third parties or non-owned accounts.
4.5. The User represents and warrants that all Transactions being carried out do not violate the rights of any third party or applicable laws.
4.6. The User understands that his Personal Information and identifiers may be shared with appropriately authorized third parties, due to legal obligations such as prevention of crimes and tax purposes and/or to provide the service requested by the User.
5. CEX-ETRADE.COM RIGHTS AND RESPONSIBILITIES
5.1. CEX-ETRADE.COM has the right to suspend the User’s Account and block all Cryptocurrency or/and Fiat currency contained therein in case of non-fulfillment of the Terms of Use by the User.
5.2. CEX-ETRADE.COM undertakes to provide the Services with the utmost effort, due care, and in accordance with these Terms of Use.
5.3. CEX-ETRADE.COM responsibility shall be limited to using reasonable technical efforts to ensure the receipt of the cryptocurrency transferred between Users. When initiating cryptocurrency transactions to a user who is not a CEX-ETRADE.COM User, CEX-ETRADE.COM responsibility shall be further limited to ensuring the transfer of the necessary technical data to the cryptocurrency network.
5.4. To the extent permitted by law, CEX-ETRADE.COM is not responsible for any indirect or consequential damages, losses, including but not limited to, loss of profit, loss of revenue, loss of business, loss of opportunity, or loss of data, unless the loss suffered is caused by a breach of the Terms of Use by CEX-ETRADE.COM.
5.5. CEX-ETRADE.COM is not responsible for any reason why the Site might become unavailable at any given time, nor is CEX-ETRADE.COM responsible for any malfunction, breakdown, delay, or interruption of an Internet connection.
5.6. CEX-ETRADE.COM is not responsible for the delay in the processing of payments caused by the fault of any third parties, processors or operators of such transactions.
5.7. In instances where a change in legislation of a particular country or state (for Users from the United States of America), the consequences of which are the imposition of stricter regulation of a Cryptocurrency available on the Platform, CEX-ETRADE.COM may restrict trading of a certain pair with such a Cryptocurrency for Users who are subject to such changes in legislation. In such a case the User will only be able to withdraw the limit for trading Cryptocurrency to an external address.
5.8. In the case of fraud, CEX-ETRADE.COM undertakes to report all the necessary information, including names, addresses, and all other requested information, to the relevant authorities dealing with fraud and breaches of the law. The Users recognize that their account may be frozen at any time at the request of any competent authority investigating an alleged fraud or any other suspected illegal activity.
5.9. Nothing in these terms excludes or limits the responsibility of CEX-ETRADE.COM for fraud, death, or personal injury caused by a User’s negligence, breach of the Terms implied by operation of the law, or any other liability which may not be limited or excluded by law.
5.10. In case a Fiat Deposit Order will not be completed due to not transferring the Fiat funds by the User to his/her CEX-ETRADE.COM Account within thirty (30) calendar days from the moment of Deposit Order creation, CEX-ETRADE.COM has a right to reject such Order.
5.11. CEX-ETRADE.COM Corp. may, in its sole discretion, refuse Transactions from certain persons or to certain persons, including but not limited to entities and individuals on restricted or prohibited lists issued from time to time by the US Government. In addition, not all services are available to all customers at all times and we may, at our sole discretion, refuse transactions funded from certain persons or services.
5.12. CEX-ETRADE.COM reserves the right, in its sole discretion, to discontinue or terminate the Service(s) provided to you without notice, temporarily or permanently, including, but not limited to, the following cases: (1) If the Personal Information you have provided is not true, complete, accurate or inconsistent with the information at the time of registration and you have failed to provide reasonable proof (please remember, according to the laws or regulations you should submit true complete and accurate information); (2) If you violate the relevant laws and regulations or these Terms; (3) If required by any provisions of the laws and regulations, as well as the requirements of relevant government authorities; or (4) For security reasons or other necessary circumstances, as determined at our sole discretion.
6. CEX-ETRADE.COM REPRESENTATIONS AND WARRANTIES
6.1. CEX-ETRADE.COM shall provide the Services with reasonable care and skill and in accordance with these Terms of Use. All Transactions made on the Platform will be managed in an anonymous manner so that Buyers and Sellers are not acquainted with each other.
6.2. The Transaction Price is calculated on the basis of actual matched orders made by the Buyers and Sellers participating in the bidding process on the Platform combined with the applicable Transaction fees.
6.3. CEX-ETRADE.COM represents and warrants that Transactions may not be canceled or reversed and it holds all Cryptocurrencies acquired by each User in his/her Account and on the respective User's behalf.
6.4. The User acknowledges and agrees that CEX-ETRADE.COM gives to the User a possibility to hold and trade USDT (Tether) without any guarantee of any kind, either expressed or implied, including, but not limited to 100�cking of USDT by Tether Limited’s reserves; USDT price stability (1 USDT: 1 United States dollar), etc. These reserves are not insured and could be subject to unexpected diminution, which means that there is always a possibility for the User to lose his/her funds.
7. ACCOUNT ACCESS AND API ACCEPTABLE USE
7.1. Access to the User’s account is only permitted using individual login credentials. CEX-ETRADE.COM requires multi-factor authentication to keep the User account and funds secure. CEX-ETRADE.COM may require that the User use two forms of authentication when accessing the User’s account and performing certain functions on such account. Forms of multi-factor authentication which may supplement the User login credentials include email, short message service (“SMS”), or a supported two-factor authentication (“2FA”). If the User chooses to install and use a 2FA application on a device (e.g., mobile phone or tablet) on which the operating system has been tampered with in any way, the User does so at their own risk. We reserve the right in our sole discretion to prohibit access from, or by, any device on which the operating system has been or is suspected of having been modified or tampered with. The User understands that we may provide his/her 2FA data to a third-party service provider in order to help us authenticate the User.
7.2. The User agrees and acknowledges that his login credentials and all other required forms of authentication were selected by the User and the User further agrees to keep all forms of authentication, including by not limited to login credentials, API keys, passwords, 2FA devices, separate and confidential.
7.3. The User agrees and acknowledges that the User is solely responsible for managing and maintaining the security of his login credentials and all required forms of authentication for his CEX-ETRADE.COM account.
7.4. The User may share API data with any third-party (e.g. developers, agencies, vendors, approved partners, or other Users, etc.) by sharing the unique API Key(s) and the API documentation (hereinafter - APIs) issued to the User for purposes of the CEX-ETRADE.COM API Trading Partnership Program.
7.5. User that shares its APIs agrees and acknowledges that he/she is solely responsible for familiarization and abidance by these Terms of Use by third parties. Third-party is obliged not to use the API to send spam or take any actions that violate CEX-ETRADE.COMTerms of Use and should comply with all applicable laws (including privacy laws and regulations and economic sanctions laws and regulations).
7.6. As a general rule, CEX-ETRADE.COM will not tolerate any use of CEX-ETRADE.COM API service, which is illegal, damages or is likely to damage CEX-ETRADE.COM reputation, the availability or integrity of CEX-ETRADE.COM API service or which causes us or threatens to cause us to incur any legal, tax, regulatory or any other liability.
7.7. The User agrees and understands that he specifically disclaims any liability or responsibility of CEX-ETRADE.COM for the management, maintenance, and/or security of his login credentials, required forms of authentication, and/or of unauthorized use of his CEX-ETRADE.COM account(s), and management, maintenance, and/or security of his API Key(s).
7.8. Furthermore, the User will indemnify and hold harmless CEX-ETRADE.COM from and against any claims brought related to the User's breach of these Terms of Use in connection with the use of the APIs or the use of the APIs by any third party that the User has given access to the APIs.
7.9. The User is obliged not to use the APIs to take any actions that violate these Terms of use and other documentation which CEX-ETRADE.COM provides. User obliges not to attempt to hack or change the CEX-ETRADE.COM API Trading Partnership Program or API technology. CEX-ETRADE.COM may throttle User’s use of the APIs at any time. CEX-ETRADE.COM may monitor User’s use of the APIs for compliance with these rules. CEX-ETRADE.COM may deny access to the APIs to any third party if this third party tries to go around or exceed the limitations CEX-ETRADE.COM set or breaches CEX-ETRADE.COM Terms of Use or any other Policy.
7.10. The API is provided "as-is" and on an "as-available" basis. That means CEX-ETRADE.COM does not provide warranties of any kind, either express or implied, including but not limited to merchantability and fitness for a particular purpose.
7.11. The User agrees that all actions conducted in his/her account are recognized as having been made on behalf of the User and on his/her own discretion. If the User becomes aware of any suspicious or unauthorized use of his/her account(s) or login credentials, please notify us immediately at SUPPORT@CEX-ETRADE.COM
8. USER ACCOUNT INFORMATION
8.1. The Site is for the User’s personal and non-commercial use only. CEX-ETRADE.COM is vigilant in maintaining the security of the Site and the Service. By registering with CEX-ETRADE.COM, the User agrees to provide CEX-ETRADE.COM with current, accurate, and complete information as prompted by the registration process and to keep such information updated.
8.2. CEX-ETRADE.COM may conduct periodic reviews of the User account information as mandated by CEX-ETRADE.COM regulators. To ensure compliance with the applicable regulations, CEX-ETRADE.COM must represent that the personal information and account information used to compile the User customer profile is up to date and accurate. CEX-ETRADE.COM may use the Account information that CEX-ETRADE.COM has on file for the User to contact the User regarding any issues with the Account.
8.3. To ensure that the User receives all communications, CEX-ETRADE.COM asks that the User agree to notify CEX-ETRADE.COM of any changes to the User's personal or account information as soon as possible. If communication using the information the User has provided to CEX-ETRADE.COM becomes incorrect or is returned as undeliverable, CEX-ETRADE.COM reserves the right to temporarily freeze the account until accurate information is provided to CEX-ETRADE.COM.
8.4. The User is allowed to register only one Account on the Platform. Thus, any additional Account created by the same User may be suspended or closed.
8.5. User agrees that all actions conducted on the User’s Account are recognized as those made on behalf of the User and at the User’s own discretion.
8.6. User agrees that he/she will not use any Account other than their own.
8.7. User agrees that he/she will not access the Account of any other User at any time or assist others in obtaining unauthorized access to any other User account.
8.8. CEX-ETRADE.COM reserves the right to recommend limiting the amount of Account funding/deposit/withdrawal. CEX-ETRADE.COM may recommend daily, monthly, and per-transaction amount limits.
8.9. User acknowledges that email shall not be regarded as a secure method of communication and should never be used for transmitting Personal information.
8.10. Creation or use of additional User Accounts without obtaining prior express permission from CEX-ETRADE.COM will result in the immediate suspension of all respective Accounts, as well as all pending buy/sell orders, if any. Any attempt to create multiple User Accounts or to assist others (Users or other third parties) in doing so, or distribution of instructions, software or tools for that purpose will result in termination of such Users’ Accounts. Termination is not an exclusive remedy for such a violation and CEX-ETRADE.COM may decide to take further action against the User, including referral to applicable governmental authorities.
8.11. Any multiple User accounts created that attempt to utilize brokerage and similar services, may be prohibited by CEX-ETRADE.COM in its sole discretion, from the Withdrawal of Cryptocurrency with the aim to counter possible fraudulent actions. At the same time, the User may use other Services (trade, Fiat currency/Cryptocurrency Deposit, Withdrawal in Fiat currency, and others).
9. DATA COLLECTION
9.1. To understand how CEX-ETRADE.COM Limited collects and processes Personal Information please visit their privacy policy which may be amended from time to time.
9.2. Consistent with the obligations from our regulators, when the User opens an account or logs into CEX-ETRADE.COM Limited his Personal Information will be stored by CEX-ETRADE.COM Limited in accordance with all applicable regulations. Only individuals who have successfully completed our BSA/AML Program will be permitted to use the services of CEX-ETRADE.COM Limited. If the User would like to provide access to their CEX-ETRADE.COM Limited account to another individual or institution, such User must also register and complete the BSA/AML Program of CEX-ETRADE.COM. Limited. The User agrees that he will not allow individuals or institutions access to their CEX-ETRADE.COM Limited account unless they have registered as the User and completed our BSA/AML Program. Unauthorized access to the User’s CEX-ETRADE.COM Limited account by unregistered users may result in the termination of all related CEX-ETRADE.COM accounts.
9.3. Subject to these Terms of Use and the BSA/AML Program of CEX-ETRADE.COM Limited, the User of CEX-ETRADE.COM may: (a) add his spouse or domestic partner as an authorized user of his account; (b) add an authorized User of the account who is the beneficiary of his account (c) add an individual to his corporate account who is a designated representative of the institution. In adding individuals or institutions to the User’s account in this manner, the User represents that he is a beneficial owner, control person, or authorized representative of the institution and agrees to authorize CEX-ETRADE.COM, or a third-party provider to take measures to confirm the User’s identity and permissions granted to him by the said institution.
10. ACCOUNT SECURITY
10.1. The User is responsible for maintaining the confidentiality of their Account’s credentials, including, but not limited to a password, email, wallet address, balance, and of all activity including Transactions made through the Account.
10.2. CEX-ETRADE.COM personnel will never ask the User to disclose their password. Any message the User receives or website that he/she visits that ask for the password, other than the CEX-ETRADE.COM Site, should be reported to CEX-ETRADE.COM. If the User is in doubt whether a website is genuine, it is required to ensure the website is EV SSL compliant (Security Certificate Validation is shown in the address bar of a web browser).
10.3 It is obligatory for the User to change his/her password every 3 (three) calendar months on a regular basis in order to reduce the risk of a security breach in relation to the Account. CEX-ETRADE.COM also advises the User not to choose a password that is easily guessed from information someone might know or gather about the User or a password that has a meaning. The User must never allow anyone to access his/her Account or watch the User accessing his/her Account.
10.4 If the User has any security concerns about his/her Account, login details, password, or other security feature being lost, stolen, misappropriated, used without authorization, or otherwise compromised, the User is advised to change the password. The User must contact Support Service at cex-etrade.com without undue delay upon becoming aware of any loss, theft, misappropriation, or unauthorized use of User’s Account, login details, password, or other security features. Any undue delay in notifying CEX-ETRADE.COM may not only affect the security of the Account but may result in the User being liable for any losses as a result. If the User suspects that someone else accessed his/her Account, the User should also contact any appropriate government agency to report the incident.
10.5 User must take reasonable care to ensure that his/her e-mail account(s) are secure and only accessed by the User, as his/her e-mail address may be used to reset passwords or to communicate with the User about the security of the Account. CEX-ETRADE.COM cannot be liable for the breach of an e-mail account resulting in an unauthorized Transaction executed without proper confirmation. Should the e-mail addresses registered with the User’s Accounts be compromised, the User should, without undue delay after becoming aware, contact Support Service at cex-etrade.com as well as contact his/her e-mail service provider.
10.6. Irrespective of whether the User is using a public, a shared or his/her own computer to access the Account, the User must always ensure that his/her login details are not stored by the browser, cached, or otherwise recorded. The User should never use any functionality that allows login details or passwords to be stored by the computer he/she is using.
10.7. Additional products or services accessed by the User uses may have additional security requirements and the User must comply with those security requirements as well.
10.8. Two-factor authentication must be enabled in order to make any Withdrawal Transactions.
10.9. CEX-ETRADE.COM maintains multi-vector security settings to protect User’s assets and CEX-ETRADE.COM ecosystem from bad actors. We closely monitor the potential vulnerability of Users who may be more likely a target for fraudsters and/or susceptible to fraud.
10.10. In Clause 5.12 we set out our rights and User’s obligations for the provision of reasonably verifiable information to ensure the legitimacy of User’s account and CEX-ETRADE.COM commitments to uphold its regulatory obligations in knowing its customers (KYC) and understanding their CEX-ETRADE.COM transactions (KYT).
10.11. CEX-ETRADE.COM reserves the right to require a "live" communication by webcam or "liveness check" via User’s mobile phone with User to confirm any details or respond to User’s customer services requests. Such requests will only ever be made via in-app chat or from a CEX-ETRADE.COM domain email.
10.12. CEX-ETRADE.COM is aware that scammers can potentially target any exchange customers with fake sites and fake customer service provision. You therefore agree to check any incoming messages to you which appear to originate from CEX-ETRADE.COM by checking the originating email address and website address; no variations should be accepted by User other than a cex-etrade.com suffix/domain. If you is unsure, never click on any suspicious link and contact CEX-ETRADE.COM with your user number on customer.service@cex-etrade.com for support. CEX-ETRADE.COM will never seek "remote access" to your account; if you are asked by anyone purporting to be from CEX-ETRADE.COM to supply access to your screen, immediately halt communications, change your password and contact customer services to advise us you may have been targeted by a scammer.
10.13. CEX-ETRADE.COM will aim to support any Account restrictions User wishes to put in place from our "Additional Customer-Driven Security Options". These may change from time to time, but include:
10.14. You agree that changes to your Account settings which reduce your security may require verification to ensure we are engaging with you as a legitimate user.
10.15. You agree to inform us, in advance, by email to customer.service@cex-etrade.com if anyone is "helping" you run your Account, in particular if you engage with or are considering any services of any broker, dealer or individual who holds themselves out as an investment adviser.
11. THE USER VERIFICATION
11.1. Identification and verification procedures (also known as 'Know Your Customer' or 'KYC') are required for all Transactions. All new and existing Users of the Platform must pass the verification procedures. CEX-ETRADE.COM reserves the right to limit the Platform functionality to the Users who have not passed verification. If the User refuses to provide required documents and information under KYC procedures, CEX-ETRADE.COM reserves the right to immediately terminate the Services provided to the User.
11.2. The User undertakes to provide CEX-ETRADE.COM with correct and relevant documents and personal information. If a User provides counterfeit documents or false personal information, such behavior will be interpreted as a fraudulent activity and reported to the relevant governmental authorities.
11.3. The User hereby authorizes CEX-ETRADE.COM to, directly or indirectly (through third parties), make any inquiries as we consider it necessary to check the relevance and accuracy of the information provided for verification purposes. Personal Information transferred will be limited to only the data that is strictly necessary and will only be transmitted with security measures in place to protect the data.
11.4. CEX-ETRADE.COM has also the right to request the User to provide additional verification documents even if the User has already passed the verification process to ensure the effective implementation and enforcement of CEX-ETRADE.COM Limited’s AML/KYC and/or CEX-ETRADE.COM Corp.’s Bank Secrecy Act ('BSA') and KYC Policy and applicable regulatory requirements. If User does not respond to such requirements in a timely manner CEX-ETRADE.COM has a right to limit its services or to stop providing them until requirements are met.
11.5. In order to use any of the Service(s), you must first register to use the Service(s) by providing your email and/or mobile phone number, full name, date of birth, residential address, government identification number, taxpayer identification number and other personal or company information to verify your identity, as well as an affirmation regarding the source of your digital assets and/or fiat currency, along with affirming these Terms.
11.6. You agree to provide us accurate and authentic information we request at registration and on an ongoing basis for the purposes of identity verification and the detection of money laundering, terrorist financing, fraud